[Adopted as Ch. XVII of the 1978 Code; amended in its entirety 3-4-1991 by Ord. No.
2-1-91 (Ch. 1, Art. IV, of the 1991 Code)]
A.
Unless otherwise provided for in § 1-6 or in any other section of this Code, any person, corporation, firm, partnership or association violating any chapter or article or section or part thereof of the ordinances of the Town of Indian Head shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $1,000 or imprisonment in the county jail for not more than six months, or both such fine and imprisonment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Each
day's violation of any chapter, article, section or part thereof shall
constitute a separate offense, and penalties may be exacted for each
day's violation.
A.
Designation
of municipal infractions.
(1)
A "municipal infraction" is any violation of any provision of the
Code of the Town of Indian Head, hereinafter referred to as "this
Code," which violation has been specifically declared by the Town
Council of Indian Head to be a municipal infraction.
(2)
For purposes of this Code, a municipal infraction is a civil offense,
and a finding of guilt thereof is not a criminal conviction for any
purpose, nor does it impose any of the civil disabilities ordinarily
imposed by a criminal conviction.
B.
Fines.
[Amended 2-2-2004 by Ord. No. 2-1-04]
(1)
The Town Council may, by ordinance, declare which violations shall
constitute municipal infractions and may set specific fines which
may be imposed for such infractions.
(2)
The fines set by the Town Council for municipal infractions shall
be specific amounts not to exceed $1,000 for each initial violation
and $1,000 for each day thereafter that the violation continues.
(3)
If the Town Council does not establish a specific fine for a particular
infraction, the fine for that infraction shall be $200 for each initial
violation and $200 for each day thereafter that the violation continues.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(4)
Unless otherwise provided, each day a violation continues shall constitute
a separate and distinct violation.
C.
Issuance
of citation.
(1)
Authorized code enforcement officials may deliver a citation to any
person alleged to be committing or to have committed a municipal infraction.
A copy of the citation shall be retained by the Town and shall bear
the certification of the issuing official attesting to the truth of
the matter set forth in the citation.
(2)
The citation shall contain the following information:
(a)
The name and address of the person charged.
(b)
The nature of the municipal infraction.
(c)
The code or ordinance provision being violated.
(d)
The location and time that the municipal infraction occurred or was
observed.
(e)
The amount of the fine assessed for the municipal infraction.
(f)
The manner, location and time in which the fine may be paid to the
Town.
(g)
The right of the recipient of the citation to elect to stand trial
for the municipal infraction.
(h)
The effect of failing to pay the assessed fine or to demand a trial
within the prescribed time.
D.
Payment
of fine. Payment of the fine imposed by a citation for a municipal
infraction shall be paid to the Town Finance Officer, Town Hall, Indian
Head, Maryland, within 20 calendar days of receipt of the citation,
unless there is an election to stand trial no later than 15 days from
the receipt of the citation.
E.
Election
to stand trial.
(1)
A person receiving a citation for a municipal infraction may elect
to stand trial for the offense by notifying the Town of said person's
intention to stand trial for the municipal infraction. The notice
shall be given, in writing, at least five days prior to the date of
payment, as set forth in the citation.
(2)
Upon receipt of a timely notice of intention to stand trial, the
Town shall forward to the District Court having venue a copy of the
notice from the person who received the citation, indicating the intention
to stand trial. Upon receipt of the citation, the District Court shall
schedule the case for trial and notify the defendant of the trial
date.
F.
Failure
to pay fine or elect to stand trial.
(1)
If a person receiving a citation for a municipal infraction fails to pay the fine imposed for the infraction by the date of payment set forth on the citation and fails to timely file a notice of intention to stand trial for the offense, a formal notice shall be sent to the offender's last known address, demanding payment. In the event that the citation has not been satisfied within 15 days of the date of this notice, the offender shall be obligated to pay a sum equivalent to twice the amount of the original penalty amount. In no case shall the amount exceed the maximum established in Subsection B(2).
(2)
If, after 35 days from the issuance of the notice, the citation has
not been satisfied, the Town may request adjudication of the case
through the District Court. The District Court shall thereupon promptly
schedule the case for trial and summon the defendant (the offender)
to appear.
G.
Court
proceedings.
(1)
Court proceedings for a municipal infraction shall be governed by
the provisions of § 6-104 of the Local Government Article
of the Annotated Code of Maryland, as amended, relating to municipal
infractions, said provisions being hereby incorporated by reference
as if fully set forth herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
Any person found by the District Court to have committed a municipal infraction shall be required to pay the fine imposed by the citation, including any additional fine imposed by Subsection F hereof. Such person shall also be liable for the cost of the court proceedings.
(3)
All fines, penalties or forfeitures collected by the District Court
for municipal infractions shall be remitted to the Town.
H.
Enforcement
officer. Unless expressly stated to the contrary in an ordinance carrying
a municipal infraction penalty, the Indian Head Town Manager and the
Charles County Sheriff's Department shall be responsible for the enforcement
of municipal infractions.
I.
Conflict
with the Local Government Article of the Annotated Code of Maryland.
In any case where a provision of this article conflicts with a mandatory
provision of § 6-104 of the Local Government Article of
the Annotated Code of Maryland, as amended, the provisions of the
Local Government Article shall prevail and shall be incorporated herein
as if expressly set forth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
